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BREWSTER-GREENE v. SCOTT

No. 6093.

41 F.2d 165 (1930)

BREWSTER-GREENE et ux. v. SCOTT.

Circuit Court of Appeals, Ninth Circuit.

June 9, 1930.

Attorney(s) appearing for the Case

W. E. Ferguson, of Holbrook, Ariz., for appellants.

Thorwald Larson, of Holbrook, Ariz., and Thomas W. Nealon and Thomas A. Flynn, both of Phœnix, Ariz., for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

RUDKIN, Circuit Judge.

This was a suit to foreclose a mortgage on real property. The complaint was in the usual form in such cases, but the breach relied on was a failure to pay taxes before delinquency, as stipulated in the mortgage. A few months after the original complaint was filed a supplemental complaint was also filed, alleging the maturity of the note and mortgage and the failure to pay the mortgage debt. Utterly ignoring the equity rules, the defendants filed...

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